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<br />200801170 <br /> <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any appl ication therefor. <br /> <br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall <br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of <br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this <br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br />before or atter an event of default, to demand strict adherence to the terms of this Security Instrument and the <br />Related Documents. <br /> <br />SLJ BSTITLJTE Tll.LJSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br /> <br />JOINT AND SEVERAL LIABILITY. [fthis Security Instrument should be signed by more than one person, all <br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by <br />law. <br /> <br />SLJRVIV AL. The Lender's rights in this Security Instrument will continue in its successors and assigns. This <br />Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Grantor. <br /> <br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand <br />given by Lender to any party is considered effective when it is deposited in the United States Mail with the <br />appropriate postage, mai led to the address of the party given at the beginning of this Security Instrument unless an <br />alternative address has been provided to Lender in writing. To the extent permitted by law, Grantor waives notice <br />of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any <br />election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state <br />where the Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of <br />nonpayment, presentment, protest, notice of dishonor and any other notice. <br /> <br />TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br />THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br />JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS <br />SECURITy INSTIWMENT. <br /> <br />WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br />the extent permitted by law. <br /> <br />WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor hereby waives all homestead exemption rights <br />relating to the Property to the extent permined by law. <br /> <br />LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement <br />of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation <br />because of the existence of the Indebtedness or this Security Instrument, as well as court c9sts, collection charges <br />and reasonable attorneys' fees and disbursements. <br /> <br />ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights <br />under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any <br />part of the Security J nstrument without the express written consent of Lender. <br /> <br />GOVERNING LAW AND JURISDICTION. This Security Instrument will be govel11ed by the laws of the State <br />of Nebraska. <br /> <br />SEVERABILITY. If a cout1 of competent jurisdiction determines any term or provision of this Security <br />Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent <br />required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest <br />of the Security Instrument without invalidating the remainder of either the affected provision or this Security <br />Instrument. <br /> <br />WAIVER OF ,JURY TRIAL. All parties to this Deed of Trust waive any right to trial by jury to the extent <br />allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the <br />relationship established between the parties to this Deed of Trust. <br /> <br />ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or <br />incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter <br />of this agreement. This agreement supersedes all prior oral or written agreements, commitments and <br />understandings between the parties relating to the subject matter of this agreement and cannot be changed or <br />terminated orally, and shall be deemed effective as of the date noted above. <br /> <br />By signing this Secul"ity Instrument, eaeh Grantor acknowledges that all provisions have been read and <br />understood. Signed and scaled by Grantor (s): <br /> <br />o 2<.1D4-10(J(l COPYright C01l\pllntl~e Syslt:l'm, ftlC, 340A-52013 - 2006. 11,,182 <br />r9..jI.~.I.)l~!"~,l<lJ.".!~~;I,[ ~Stll,tc,,~~_C.~I!i!.x.~~t~!~~l-,~l1t - l)L4(}07 <br /> <br />Initials <br /> <br />www.coml.)lillnce~y:Hetl1!i. C(Hn <br />800-')68-8522 - Fax 616-95<>.18681 <br /> <br />rag_~<lQU__._.__ _'~_~". <br />